Should Independent Regulatory Commissions Be Subject to OIRA Review? [No. 86]


Executive branch agencies, knowing they’re
subject to OIRA review, do a lot of work to develop the facts and the analysis necessary
for cost-benefit analysis. Because they know that OIRA will insist on
that, and will be reviewing it. OIRA review improves the regulatory process
by providing a dispassionate, objective analysis of the work of the agency. It does not substitute its expertise for the
agency, nor does it substitute its will for the agency. Which is where Congress has delegated the
authority. But it holds the agency to a standard of sound
data, sound analysis, sound reasoning, and explication of what they’re doing and why. And so you have a series of these Independent
Regulatory Commissions. And their independence from the president
is what has been thought to be the reason for keeping them from being subject to OIRA
review. There are aspects of what IRCs do that should
be independent from the president. But IRC rulemaking is the same as executive
branch rulemaking. And the processes there, I believe, should
conform to the processes that apply to executive branch agencies. And I believe that the Independent Regulatory
Commissions, because they are not subject to OIRA review, over the years have not given
the same thoughtful consideration to the development of their regulations that the executive branch
agencies have. And it would be salutary to have them subject
to OIRA review. The processes may have to change to accommodate
the independence, but I think that’s doable. And I think that would be very helpful to
the system. Congress has had a number of bills in which
they have authorized, if you will, presidential review of the Independent Regulatory Commissions. Now, none of those has been enacted. But it is something that the members of Congress
have been considering.

4 thoughts on “Should Independent Regulatory Commissions Be Subject to OIRA Review? [No. 86]

  • While I remain undecided on this, I can't help but notice the Steely Dan-like music bed: nice!
    ¯_(ツ)_/¯

  • Answer: NO That is a waste of time and a WASTE of money and resources. "Do it this way" doesn't do anything but create an environment where the reviewing agency looks at "if the respective agency is doing it the way they want" and NOT allowing for the respective agency to focus on their mission but focus on the process for which their output data is measured and shown. Thus the OIRA looks like it's doing what other government workers use to try to get me to do and still do everyday, their own job. It's CYA BS (CYA: Cover Your Ass) So much time and energy is spent covering one's ass in their federal careers it eats up 60% of their total work load. Why? Because when you work around GS14s, GS15s and SES's they are all looking for the easy out; to find someone to point a finger at which then leads to them getting a promotion. It's absurd and backwards, not to mention irritating as all hell. But these GS14s, GS15s and SES support the behavior of pointing out fault in others and never actually doing the job they were hired to do.

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